093_SB1853eng

SB1853 Engrossed                     LRB093 11045 MKM 11739 b

 1        AN ACT concerning river conservancy districts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  River  Conservancy  Districts  Act  is
 5    amended by changing Section 21 as follows:

 6        (70 ILCS 2105/21) (from Ch. 42, par. 404)
 7        Sec.  21.  (a)  The  board of trustees of any conservancy
 8    district incorporated under this Act shall have the power  to
 9    build  and  construct and to defray the costs and expenses of
10    the construction of drains, sewers, or laterals, septic tanks
11    and other works for the  disposal  of  sewage,  water  pipes,
12    streets and roads, or local shore improvements, together with
13    other necessary adjuncts thereto, including pumps and pumping
14    stations  and  also may construct dams, deepen or improve the
15    channel, bed, banks or shore or shores or any part thereof of
16    any stream, water course or  other  body  of  water  in  such
17    district, and acquire both real and personal property, in the
18    execution  or  in  furtherance  of the powers granted to such
19    conservancy district, by special  assessment  or  by  general
20    taxation,  or  by special service area taxation if authorized
21    as provided under this Section, as they  by  ordinance  shall
22    prescribe.  The board of trustees of any conservancy district
23    shall have power to contract with any sanitary  district  now
24    or hereafter organized or with any municipality having sewage
25    disposal  works  for  the  disposal  of any sewage within the
26    conservancy district. It shall constitute no objection to any
27    special assessment that the improvement for which the same is
28    levied is partly  outside  the  limits  of  such  conservancy
29    district,  but  no  special  assessments shall be levied upon
30    property situated outside of such conservancy  district,  and
31    in  no  case shall any property be assessed more than it will
 
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 1    be benefited by the improvement for which the  assessment  is
 2    levied.
 3        (b)  The  proceedings for making, levying, collecting and
 4    enforcing of any special  assessment  levied  hereunder,  the
 5    letting  of  contracts, performance of the work and all other
 6    matters pertaining to the  construction  and  making  of  the
 7    improvement  shall  be  the  same  as  nearly as may be as is
 8    prescribed in Article 5  of  the  "Illinois  Drainage  Code",
 9    approved  June 29, 1955, as heretofore and hereafter amended.
10    Whenever in said Article the word "Commissioner"  is    used,
11    the  same shall apply to the board of trustees constituted by
12    this Act.
13        (c)  The proceedings for making, levying, collecting  and
14    enforcement  of  any  special  service  area  taxation levied
15    hereunder shall be the  same  as  nearly  as  may  be  as  is
16    prescribed  in  "An  Act  to provide the manner of levying or
17    imposing taxes for the provision of special services to areas
18    with the boundaries of home  rule  units  and  non-home  rule
19    municipalities and counties", approved September 21, 1973, as
20    now  or  hereafter  amended.   Whenever in such Act the words
21    "municipality" or "county" or "municipal  clerk"  or  "county
22    clerk"  are  used,  with  the  exception of the provisions of
23    Section 10 providing for the extension  of  the  tax  by  the
24    county  clerk, the same shall be construed in relation to the
25    board of trustees constituted by  this  Act,  and  the  words
26    applying  to  the municipality or county in that Act shall be
27    held to apply to the district created under this Act and  its
28    officers,  and  the words "municipal clerk" or "county clerk"
29    shall be held to apply  to  the  secretary  of  the  district
30    created under this Act.
31        However,  no  special  service  area  taxation  shall  be
32    imposed  hereunder  unless a petition has been filed with the
33    board of trustees by either the owners of a majority  of  the
34    acreage  or  a  majority  of the owners of the acreage of the
 
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 1    conservancy district  which  lies  in  the  proposed  special
 2    service   area.  The  petition  shall  be  accompanied  by  a
 3    description  of  the  proposed  special  service   area,   an
 4    explanation  of  the  proposed program, and a notation of the
 5    proposed tax rate.  A hearing, open to  the  general  public,
 6    shall  be  held  on the special assessment before any special
 7    assessment is imposed. The board of trustees of the  district
 8    shall publish the petition and certify the results.
 9    (Source: P.A. 81-862.)